Prince Radu of Hohenzollern v Houston & Anor [2007] EWHC 2328 (QB) (12 October 2007)

Prince Radu of Hohenzollern v Houston & Anor [2007] EWHC 2328 (QB) (12 October 2007)

The preliminary issue of qualified privilege in this defamation action should be tried by judge alone, not by judge and jury, because the issues are primarily evaluative and legal, the documentation is voluminous and complex, and a jury would serve little useful function while increasing cost and delay. The court's case management discretion under s.69(4) of the Supreme Court Act 1981 and relevant case law supports this approach.

Citation
[2007] EWHC 2328
Parties
Claimant: Prince Radu of Hohenzollern; Defendant: Marco Houston; Defendant: Sena Julia Publicatus Ltd
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Libel/defamation / Application Regarding Mode of Trial for Preliminary Issue
Outcome
Application granted; preliminary issue to be tried by judge alone.
Legal Topics
Qualified Privilege, Reynolds Privilege, Mode of Trial, Case Management, Jury Trial, Preliminary Issues
Media Law Defamation Civil Procedure Qualified Privilege Reynolds Privilege Mode of Trial Case Management Jury Trial +1 more

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Parties

Prince Radu of Hohenzollern

Claimant

Marco Houston

Defendant

Sena Julia Publicatus Ltd

Defendant

Procedural Posture

Libel/defamation / Application Regarding Mode of Trial for Preliminary Issue

Legal Issues

  1. 1 Whether the preliminary issue of qualified privilege should be tried by judge alone or by judge and jury
  2. 2 Appropriate application of s.69 of the Supreme Court Act 1981 to the mode of trial for preliminary issues in defamation cases

Ratio Decidendi

The preliminary issue of qualified privilege in this defamation action should be tried by judge alone, not by judge and jury, because the issues are primarily evaluative and legal, the documentation is voluminous and complex, and a jury would serve little useful function while increasing cost and delay. The court's case management discretion under s.69(4) of the Supreme Court Act 1981 and relevant case law supports this approach.

Court Disposition

Application granted; preliminary issue to be tried by judge alone.

Orders

  • The preliminary issue of qualified privilege shall be tried by judge alone.